MDC member challenges Nduna's election

MDC member challenges Nduna's election
Published: 24 May 2019 (204 Views)
THE Supreme Court is today set to hear an application in which MDC Alliance member Gift Machoka Konjana is challenging an Electoral Court's decision confirming Zanu-PF member Dexter Nduna, pictured, as the duly elected legislator for Chegutu West constituency in last year's elections.

In the application, Konjana is demanding to have the matter referred to trial before a different judge to consider the Zimbabwe Electoral Commission (Zec)'s erroneous declaration of Nduna as the winner of the parliamentary election.

In his appeal Konjana, who is represented by Tererai Mafukidze instructed by Tarisai Mutangi of Zimbabwe Lawyers for Human Rights, argued that Electoral Court judge Justice Mary Zimba-Dube erred in October last year in finding that his petition against Nduna was fatally defective solely on account of being brought on notice yet Section 169 of the Electoral Act makes such notice mandatory.

Zimba-Dube dismissed Konjana's election petition on the basis that he had filed a defective election petition. But in his appeal, Konjana argued that the lower court erred by declining to exercise discretion to condone non-compliance with its rules upon erroneously finding that the electoral law does not vest in it the competence to regulate its process yet Section 171 (9) of the Electoral Act vests such competence.

Konjana further argued that Zimba-Dube made a mistake by placing no significance on the merits of his petition in view of the fact that Zec acknowledged the error under oath.

- dailynews

Tags: MDC,
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